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Kamala Harris Hopes You'll Forget Her Record as a Drug Warrior & Draconian Prosecutor

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The senator and presidential hopeful went to bat for dirty prosecutors, opposed marijuana legalization, and championed policies that endanger sex workers.

Click here for full text, citations, and downloadable versions: https://reason.com/reasontv/2019/01/31/kamala-harris-2020-record-prosecutor

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As she begins her 2020 presidential campaign, Sen. Kamala Harris is trying to position herself as a reformer who tirelessly works to correct the abuses of the criminal justice system. But the California Democrat has one big problem: her long record as a law-and-order prosecutor.

Harris's new memoir, The Truths We Hold, makes no mention of her past as an old-school drug warrior, a defender of dirty prosecutors, and a political opportunist who made life more dangerous for sex workers. Harris doesn't apologize for her previous stances, even those she now disavows; instead, she's decided to try to convince voters that she's always been a progressive prosecutor.

Here are some parts of her record that Harris is hoping you'll forget in the run-up to 2020.

HARRIS ON SEX WORKERS

Harris's political rise has been propelled by a yearslong, high-profile campaign against alleged sex traffickers. What she's actually done is help throw women in jail for having consensual sex, while trampling on the rule of law to advance her own political ambitions.

Ignoring the pleas of sex workers and human rights advocates for over a decade, she fought against campaigns to decriminalize consensual adult prostitution in California. As California attorney general, she helped lead a statewide program to get truckers to report suspected sex workers to police. These policies didn't stop traffickers, but they did land plenty of sex workers behind bars.

Harris fought to destroy Backpage.com, a classified ads site that sex workers used to find and screen clients, even though she publicly admitted that the site's founders, Michael Lacey and James Larkin, were protected from prosecution under federal free speech laws. But a month before Election Day in her Senate race, Harris went ahead and had them arrested anyway, parading them before cameras on pimping charges, which were then promptly dismissed by a judge.

When Harris got to Congress, she kept up her crusade, becoming a big proponent of the 2018 law known as SESTA-FOSTA. The result was that many sex workers no choice but to return to the streets, where soliciting clients is considerably more dangerous.

Meanwhile, Harris declined to intervene in a real underage sex-trafficking scandal that involved dozens of police and other local authorities in the Bay Area.

HARRIS ON PROSECUTORIAL MISCONDUCT

In her memoir, Harris decries America's "deep and dark history" of "people using the power of the prosecutor as an instrument of injustice," by framing innocent men or hiding exculpatory evidence. But during her time as California's top cop, she contributed to that history by repeatedly going to bat for dirty prosecutors.

Her office appealed the dismissal of a case in which a prosecutor had fabricated a confession to secure a conviction and fought an appeal in a case where the prosecutor lied to a jury during trial. In 2015, Harris tried to stop the removal of the Orange County District Attorney's office from a murder trial after it repeatedly failed to turn over evidence to the defense.

Her office even tried to keep a man in jail who had been wrongfully incarcerated for 13 years—even after a judge ruled he had proven himself innocent—because the man hadn't delivered the proof fast enough.

And as San Francisco District Attorney, Harris hid known misconduct by a crime lab technician who admitted to deliberately tainting evidence. The debacle has since led to the dismissal of hundreds of criminal cases.

Hosted by Katherine Mangu-Ward. Written and Edited by Justin Monticello. Shot by Austin Bragg and Meredith Bragg. Additional graphics by Joshua Swain. Music by Matt Harris.

Photo credits: Jonathan Ernst/REUTERS/Newscom, Kenneth Song/News-Press/ZUMA Press/Newscom, Chris Kleponis/CNP/AdMedia/Newscom, Yichuan Cao/Sipa USA/Newscom, ELIJAH NOUVELAGE/REUTERS/Newscom, Bill Clark/CQ Roll Call/Newscom, Hector Amezcua/ZUMA Press/Newscom, Ron Sachs - CNP / MEGA / Newscom, imageSPACEimageSPACE/Sipa USA/Newscom, Jeff Malet Photography/Newscom
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libertarian, reason magazine, reason.com, reason.tv, reasontv, kamala harris, katherine mangu-ward, criminal justice reform, 2020 election, mass incarceration, prosecutors, sentencing reform, war on drugs, sex work, trafficking, backpage.com
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